Apple Inc. and AT&T Mobility LLC are being dragged to court by Avi Koschitzki who claims that the iPhone 3G is defective.
The suit was moved from the Nassau County Supreme Court, the state court where it was filed by plaintiff, to a federal court in the Eastern District of New York. The primary complaints are with the allegedly easily breakable casing and spotty 3G network coverage.
“The 3G iPhones do not and cannot adequately perform due to the insufficient 3G bandwidths and AT&T infrastructure,” the suit says. The suit is “based upon information and belief that the 3G iPhones demand too much power from the 3G bandwidths and the AT&T infrastructure is insufficient to handle this overwhelming 3G signal based on the high volume of 3G iPhones it and Apple have sold,” the suit says.
The class-action suit may include consumers that bought defective iPhones designed, marketed, manufactured, distributed and sold by the defendants.
The plaintiff and members of the class are seeking “restitutionary and injunctive relief, including: (a) compensatory, punitive and statutory damages; (b) disgorgement and restitution of Defendants’ ill-gotten gains for unfair business practices, untrue and misleading advertising; and (c) disclosures and/or disclaimers on the outside of its boxes or advertising material prior to making any electronics device purchase.”
In a time of excessive recession, the buoyant sales figures of both companies will hit a road block if the suit is successful.
Watch this space for updates on the issue!
Via: Mobile marketer.com